NEW YORK UNEMPLOYMENT INSURANCE HEARINGS - CREDIBILITY ISSUES

So as a follow up on yesterday's post, most of the problems that have arisen in representing claimants is the issue of credibility. Basically, with issues of misconduct: the employer will argue that claimant performed an act of misconduct and the claimant will deny that such acts took place. With issues of voluntary separation, the claimant will argue that certain acts occurred which constituted a compelling reason to leave and the employer will deny that such acts took place. If the only testimony is oral testimony, then the problkem facing the ALJ is one of credibility.